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Consumer Protection Ontario and five year old tab


Hi, I had three cell phones/plans with Koodo which were bought on tabs in June 2009. Daughter #1's phone's tab was paid off and number ported to a different carrier a couple months ago. Daughter #2's phone number was ported to another carrier recently but $60 remains on the tab. I was recently told by the new carrier that cell phone companies can no longer charge a tab longer than 24 months and that while Koodo would most likely ask for the remaining tab to be paid, I was not obligated by law (Consumer Protection Ontario) to pay this tab as it is over five years old. Before I call Koodo to ask that this amount be removed from my final bill, I would like to confirm that this is true. Additionally, the last phone on the account (mine) still has a tab of $20. I'm in no hurry to close this account, but wonder if this law also applies to this phone. Can someone clarify this information: https://www.ontario.ca/consommateurs/can-i-be-charged-free-or-subsidized-cellphone-came-my-plan-if-i-cancel-my-wireless Thanks, Carrie

5 replies

Userlevel 7
Hi Carrie, I read the link you posted and that seems like it's only applies for services signed, renewed or amended after April 2014. If you read David's answer here in the link it says that tabs before July 14, 2013 are on the older system so no 24 month clearance guarantee. 😞 This is just based on what I've read but if an employee from the new carrier told you that, you could definitely try calling koodo and just see how it goes. http://community.koodomobile.com/koodo/topics/24_month_tab_clearance_really_or_just_marketing_slogan
Userlevel 7
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Daniel Kim wrote:

Hi Carrie, I read the link you posted and that seems like it's only applies for services signed, ...

Daniel is correct and the new 2 year clear guarantee doesn't apply to your situation Carrie as that rule came into effect on July 2013 so any tab taken before that date has no clear guarantee. You were given incorrect info from the carriers customer service representative you talked to, they are misinformed.
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Daniel Kim wrote:

Hi Carrie, I read the link you posted and that seems like it's only applies for services signed, ...

The first sentence of the linked page: "If you sign, renew, or amend your wireless contract on or after April 1, 2014, the rules of the Wireless Services Agreements Act (WSAA) apply to you." So no, this doesn't apply to your contract and you're responsible for any outstanding tab charges at the time of cancellation.
Thanks for your reply Daniel, Paul and Ivan. The legislation definitely covers both new and existing cell phone contracts prior to April 2014. "The WSAA covers new contracts signed on or after April 1, 2014. It also covers existing contracts that are amended, renewed or extended on or after that date." Source: http://www.ontario.ca/consumers/your-rights-when-signing-wireless-service-contract My concern is regarding the part of the statement that talks about renewing the contract. I'm wondering if the contract I originally signed with Koodo would be considered to have no-fixed term. Therefore wouldn't continuing to pay the contract month to month in effect be renewing the contract. Thanks, Carrie
Userlevel 7
Carrie VL wrote:

Thanks for your reply Daniel, Paul and Ivan. The legislation definitely covers both new and e...

Hi Carrie, thanks for the new link I can see what you meant now. I'd agree that the old tab is a no-fixed term contract therefore what you said about continuing to pay every month makes sense. But in the end, I'd call koodo and bring up these points since they are the ones that will either clear the tab or not.

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